Sorry, Roosters (And Peacocks and Guinea Fowl), But You're Sometimes A Nuisance

Sorry, Roosters (And Peacocks and Guinea Fowl), But You’re Sometimes A Nuisance

There are certain types of fowl that make a lot of noise.

So, as of now, roosters, pea-fowl and guinea fowl aren’t allowed on lots of less than 5 acres in rural Kane County.


That was the gist of a pair of so-called “Rooster Resolutions” that passed Kane County Board muster at Tuesday’s meeting.

The County Board voted in favor of amending two ordinances — a zoning ordinance and a nuisance ordinance — in order to address concerns about noise.

Last month, the board voted to deny a request to keep roosters, ducks and other fowl in a small lot in a rural Planned Unit Development. These ordinances go beyond the PUD to make regulations consistent and uniform for residents in unincorporated Kane County.

Guinea Fowl

“The current ordinance has regulations regarding chickens, but does not define or regulate roosters and other types of fowl that have been the source of complaints and concerns in residential neighborhoods,” Kane County Development Director Mark VanKerkhoff said in the executive summary of the Kane County Board agenda. “These new regulations have been developed over the past three months with the input from the Kane County Development and Agriculture Committees and from Kane County Farm Bureau.”

It’s important to underline, VanKerkhoff said, that the nuisance and property maintenance ordinance is the one that affects rural residents with lots under 5 acres who presently have the above-mentioned fowl on their property.

“Our county staff follows up on complaints, but we don’t go around looking for violations,” he said. “We would have to receive a complaint to begin our process of enforcement.”

Peacocks are pea fowl.

The ordinance changes are, of course, for lots in unincorporated Kane County. Each municipality has its own ordinances and regulations regarding roosters, chicken and other fowl, so if you live inside municipal borders, it’s best to contact your community’s development office for more information.

What types of fowl are we talking about?

  • Guinea Fowl (Agelastes, Numida, Guttera, Acryllium): An African bird related to pheasants and marked by a bare neck and head and slaty plumage speckled with white.
  • Pea-fowl (Pavo Cristatus, Pavo Muticus, Afropavo Congensis): The peacock or pea hen, large terrestrial pheasants.
  • Rooster: A male chicken.

Below or the ordinances passed at Tuesday’s County Board meeting.

ORDINANCE: NO. 17 – 189


WHEREAS, the Kane County Board has adopted a Zoning Ordinance dividing the unincorporated area of the County into districts; and

WHEREAS, said ordinance is adopted for the purpose of promoting the public health, safety, morals, comfort and general welfare; conserving the values of property throughout the County; reducing or avoiding congestion in the public streets and highways; and

WHEREAS, it is necessary from time to time to amend the ordinance to continue to provide effective enforcement of the Kane County Zoning Ordinance; and

WHEREAS, in the Kane County Zoning Ordinance roosters are currently permitted in every zoning district except the PUD, provided the property is at least one acre or more.

WHEREAS, this Ordinance shall be in full effect on July 11, 2017.

NOW, THEREFORE, BE IT ORDAINED by the Kane County Board that the Zoning Ordinance, Appendix B, Kane County Code, be amended to read as follows in attached document.

Passed by the Kane County Board on July 11, 2017


ORDINANCE: NO. 17 – 190


WHEREAS, the County of Kane (“County”) has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and

WHEREAS, the County of Kane has adopted ordinances from time to time related to nuisances and dangerous and unsafe structures and such ordinances are located in a number of chapters of the Kane County Code; and

WHEREAS, the County of Kane desires to amend the existing Chapter 15 in order to more clearly defining and include certain nuisances.

NOW, THEREFORE, BE IT ORDAINED by the Chairman of the Board of Commissioners of the County of Kane as follows:

Section 1. Recitals. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.

Section 2. Adoption of amendments to Chapter 15, Nuisances and Property Maintenance.

Chapter 15 of the Kane County Code shall be amended as identified in Exhibit A attached hereto. Section 3. Effective Date. The effective date of this ordinance shall be July 11, 2017.